CRIMINAL PROCEDURE ACT 2009 - SECT 280 Determination of application for leave to appeal under section 278

CRIMINAL PROCEDURE ACT 2009 - SECT 280

    (1)     The Court of Appeal may refuse an application for leave to appeal under section 278 in relation to any ground of appeal if—

        (a)     there is no reasonable prospect that the Court of Appeal would impose a less severe sentence than the sentence first imposed; or

        (b)     there is no reasonable prospect that the Court of Appeal would reduce the total effective sentence despite there being an error in the sentence first imposed.

Note

Subsection (3) empowers the Court of Appeal to correct a sentence if an application is refused in the circumstances referred to in subsection (1)(b).

    (2)     An application may be refused under subsection (1) even if the Court of Appeal considers that there may be a reasonably arguable ground of appeal.

    (3)     On refusing an application by reason of subsection (1)(b), the Court of Appeal may, if it considers it appropriate to do so—

        (a)     amend the sentence first imposed by substituting a less severe sentence; and

        (b)     make any other order that the Court of Appeal considers ought to be made.

Note

If an application for leave to appeal is heard and refused by a single Judge of Appeal under section 315(1), section 315(2) entitles the applicant to have the application determined by the Court of Appeal.